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Opinions Jan. 25, 2012

January 25, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Timothy Long v. State of Indiana
49A02-1105-CR-381
Criminal. Affirms sentence for Class A misdemeanor operating a vehicle while intoxicated and being a habitual substance offender. Because the master commissioner presided at Long’s guilty plea hearing, and not at a criminal trial, she did not have the authority to enter a final judgment on Long’s sentence. Marion Superior Judge Linda Brown did not err by rejecting the master commissioner’s sentence and imposing her own sentence.

Natalie E. Murrell v. State of Indiana
67A01-1106-CR-251
Criminal. The trial court did not err by rejecting Murrell’s defense of duress. Murrell’s Class C felony conviction of attempting to provide cellular telephones to an inmate does not violate the proportionality clause of the Indiana Constitution. Remands with instructions for the trial court to correct its written sentencing order to impose concurrent sentences.

Kevin Walsh v. Chris Sweeney Construction, Inc. (NFP)
17A05-1107-PL-370
Civil plenary. Affirms order foreclosing Chris Sweeney Construction’s mechanic’s lien on Walsh’s home, awarding Sweeny Construction unjust enrichment damages for unpaid labor services and attorney fees and denying Walsh’s counterclaims. Remands for correction of scrivener’s error.

Anthony Earl Coakley v. State of Indiana (NFP)
02A03-1107-CR-358
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Michael D. Perkinson, Jr. v. Kay Char Perkinson (NFP)
36A05-1106-DR-322
Domestic relation. Reverses denial of motion to correct error that challenged the trial court order denying Perkinson Jr.’s verified petition for modification of parenting time and support. Remands for further proceedings.

Jeremiah L. Hancock v. State of Indiana (NFP)
47A01-1104-CR-201
Criminal. Affirms sentence following guilty plea to murder.

Jennifer Hutchens v. Gregory Sausaman (NFP)
43A04-1107-DR-395
Domestic relation. Affirms order granting custody of Hutchens’ daughter to Sausaman. Denies Sausaman’s request for appellate attorney fees.

Ryan N. Myers v. State of Indiana (NFP)
18A02-1104-CR-378
Criminal. Affirms denial of motion to withdraw guilty plea to Class A felony child molesting.

Kenneth W. Gibbs v. Indiana Parole Board (NFP)
52A04-1106-MI-378
Miscellaneous. Affirms denial of Gibbs’ petition for mandate requiring the Indiana Parole Board to determine his parole eligibility based on a vote of all five board members.

Ellettsville Holdings, LLC v. Garnett D. Kinser (NFP)
53A04-1103-PL-121
Civil plenary. Affirms judgment in favor of Kinser on Ellettsville Holdings’ complaint for damages based upon claims of breach of the parties’ purchase agreement and breach of warranty.

Jameson Curry v. State of Indiana (NFP)
02A03-1104-CR-175
Criminal. Affirms conviction of Class C felony child molesting, but remands for sentence modification pursuant to Appellate Rule 7(B).

James Roby v. State of Indiana (NFP)
27A05-1106-CR-302
Criminal. Affirms conviction of Class D felony possession of cocaine.

In the Matter of the Term. of the Parent-Child Rel. of K.V., and Q.M.S. v. Indiana Dept. of Child Services (NFP)
79A02-1105-JT-535
Juvenile. Affirms involuntary termination of parental rights.

Anthony P. Wamue v. State of Indiana (NFP)
02A03-1106-CR-293
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dwayne Burnett v. Review Board of the Indiana Dept. of Workforce Development and Opportunity Enterprises, Inc. (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01251207jsk.pdf
93A02-1106-EX-607
Agency appeal. Affirms finding that Burnett is disqualified from receiving unemployment insurance benefits.

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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